Political Financing

There are no laws regulating the financing of political parties in Switzerland. There are no bans or limits on donations, no provisions on public funding, no bans or limits on spending, no rules on reporting requirements or sanctions.

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties?

No. Absent from legal framework

Is there a ban on donations from foreign interests to candidates?

No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties?

No. Absent from legal framework

Is there a ban on corporate donations to candidates?

No. Absent from legal framework

Is there a ban on donations from corporations with government contracts to political parties?

No. Absent from legal framework

Is there a ban on donations from corporations of partial government ownership to political parties?

No. Absent from legal framework

Is there a ban on donations from corporations with government contracts to candidates?

No. Absent from legal framework

Is there a ban on donations from corporations of partial government ownership to candidates?

No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties?

No. Absent from legal framework

Is there a ban on donations from Trade Unions to candidates?

No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties?

No. Absent from legal framework

Is there a ban on anonymous donations to candidates?

No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)?

No. Absent from legal framework

Is there a ban on any other form of donation?

No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)?

No. Absent from legal framework

Is there a limit on the amount a donor can contribute to a political party in relation to an election?

No. Absent from legal framework

Is there a limit on the amount a donor can contribute to a candidate?

No. Absent from legal framework

Public funding

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Representation in elected body

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Participation in election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Number of candidates

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of seats in previous election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of votes in next election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Registration as a political party

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Share of seats in next election

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Number of members

No. Absent from legal framework

Eligibility criteria for direct public funding to political parties: Other

No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Equal

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Proportional to seats received

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Flat rate by votes received

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Share of expenses reimbursed

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Proportional to candidates fielded

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Number of members

No. Absent from legal framework

Allocation calculations for direct public funding to political parties: Other

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties: Ongoing party activities

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties: Intra-party institution

No. Absent from legal framework

Earmarking provisions for direct public funding to political parties: Other

No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal

No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties: Number of candidates

Yes. "Parallel to statutory norms, the public service broadcasting SRG and its enterprise units have elaborated on a number of principles that must inform their editorial coverage.‌ In addition, on the occasion of Federal elections, the SRG SSR General Directorate issued detailed instructions on election coverage for its enterprise units.‌ The instructions set forth the principles and rules informing both election-‌related and non-‌election programmes.‌ Consistent with the jurisprudence of the Federal Tribunal, the instructions defined the criteria for the allocation of airtime to candidates during debates and presentations of political parties: access was guaranteed on a proportional basis, according to parliamentary representation at Federal or Cantonal level and the number of candidates lists submitted in different cantons.‌ (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007)
( (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007)
)

Allocation criteria for free or subsidized access to media for political parties: Share of seats

Yes. "Parallel to statutory norms, the public service broadcasting SRG and its enterprise units have elaborated on a number of principles that must inform their editorial coverage.‌ In addition, on the occasion of Federal elections, the SRG SSR General Directorate issued detailed instructions on election coverage for its enterprise units.‌ The instructions set forth the principles and rules informing both election-‌related and non-‌election programmes.‌ Consistent with the jurisprudence of the Federal Tribunal, the instructions defined the criteria for the allocation of airtime to candidates during debates and presentations of political parties: access was guaranteed on a proportional basis, according to parliamentary representation at Federal or Cantonal level and the number of candidates lists submitted in different cantons.‌ (OSCE 2008, p 12)" Source: Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007)
(Office for Democratic Institutions and Human Rights (2008), "SWISS CONFEDERATION FEDERAL ELECTIONS 21 October 2007 -‌ OSCE/‌ODIHR Election Assessment Mission Report"; Warsaw" (OSCE/​ODIHR (2007) Swiss Confederation, Federal Elections 21 October 2007, OSCE/​ODIHR Needs Assessment Mission Report 19-​22 June 2007)
)

Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election

No. Absent from legal framework
( )

Allocation criteria for free or subsidized access to media for political parties: Other

No. Absent from legal framework

Are there provisions for free or subsidized access to media for candidates?

No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings

No. Absent from legal framework

Provisions for any other form of indirect public funding: Space for campaign materials

No. Absent from legal framework

Provisions for any other form of indirect public funding: Tax relief

No. Absent from legal framework

Provisions for any other form of indirect public funding: Free or subsidised transport

No. Absent from legal framework

Provisions for any other form of indirect public funding: Free or subsidised postage cost

No. Absent from legal framework

Provisions for any other form of indirect public funding: Other

Yes.
P 10, "Tax deductions have recently been introduced for donations to political parties, under the federal Act of 12 June 2009 on the deductibility of payments to political parties, which amended the existing law on the subject at federal and cantonal levels.‌ In the case of federal income tax, for example, subscriptions and other payments to political parties of up to CHF 10 000 (about € 8 200) may be deducted from taxable income subject to one of the following conditions: a) the party is registered on the register of parties (see paragraphs 15 and 16); b) it is represented in a cantonal parliament, or c) it obtained at least 3% of the vote at the most recent elections to a cantonal parliament (section 33.‌1.‌i of the Federal Direct Tax Act of 14 December 1990, amended 2014.‌ In the case of cantonal taxes, subscriptions and other payments to political parties up to a level specified in cantonal law that meet one of the three aforementioned representativeness conditions may be deducted from taxable income.‌ The relevant provision is section 9.‌2.‌l of the federal Act of 14 December 1990 on the harmonisation of cantonal and communal direct taxes, as amended by the Act of 12 June 2009.‌ The cantons are required to amend their legislation within two years of the entry into force of this modification.‌ When this deadline expires, section 9.‌2.‌l will be directly applicable if the relevant cantonal tax legislation fails to meet these requirements and the sums referred to in section 33.‌1.‌i will then be applicable.‌" (GRECO (2011) Evaluation Report on Switzerland, Transparency of Party Funding (Theme II))
(Section 33.‌1.‌i of the Federal Direct Tax Act of 14 December 1990, amended 2015
(GRECO (2011) Evaluation Report on Switzerland, Transparency of Party Funding (Theme II))
)

Is the provision of direct public funding to political parties related to gender equality among candidates?

No. Absent from legal framework

Are there provisions for other financial advantages to encourage gender equality in political parties?

Regulations on spending

Is there a ban on vote buying?

Yes. Art 281, "Any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, and any person who as a voter secures the promise of or arranges for himself to be given such an advantage, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.‌" (Swiss Criminal Code, 1937 (Status as of 1 October 2011))
(Art 281, Criminal Code, 1937, amended 2016
)

Are there bans on state resources being used in favour or against a political party or candidate?

No. Absent from legal framework

Are there limits on the amount a political party can spend?

No. Absent from legal framework

Are there limits on the amount a candidate can spend?

No. Absent from legal framework

Reporting, oversight and sanctions

Reporting standards

Do political parties have to report regularly on their finances?

No. Absent from legal framework

Do political parties have to report on their finances in relation to election campaigns?

No. Absent from legal framework

Do candidates have to report on their campaign finances?

No. Absent from legal framework

Is information in reports from political parties and/​or candidates to be made public?

No. Absent from legal framework

Must reports from political parties and/​or candidates reveal the identity of donors?

Legislation

Financial Disclosure

Hardly any financial disclosure requirements apply to Swiss public officials. For example, while the Parliament Law (2002, amended 2016) requires Members of Parliament to disclose their outside employment, they must not disclose income related with it. Additionally, this law requires MPs to declare board memberships if they may lead to a conflict of interest before a debate on the relevant matter begins. Ministers and Civil Servants do not make any financial declarations. The Law on Civil Servants (1927, last amended 2001) foresees that the Parliament decides whether an exclusion based on family relations in the civil service is necessary.

Accordingly, only Members of Parliament are obliged to make regular declarations. These declarations are submitted upon taking office and updated annually. Should an MP fail to make their declarations or make false disclosure statements, the Member may be revoked speaking rights or excluded from attending sessions for a limited amount of time. MPs submit their declarations to the office or institution they are part of, while the President functions as enforcement body, and is responsible for declaring appropriate sanctions. In the case of serious infringements, the parliamentary office specifies a sanction. None of the MPs’ declarations are made publicly available.

Sanctions

Yes. If a member has violated disciplianry procedures ,the President may impose administrative sanctions in the form of forbidding them to speak or excluding them from sessions. N case of serious infringements, the parliamentary office may exclude the member from sessions for up to six months.
(Art. 13 Parliament Law (2002, amended 2016))

Yes. If a member has violated disciplianry procedures ,the President may impose administrative sanctions in the form of forbidding them to speak or excluding them from sessions. N case of serious infringements, the parliamentary office may exclude the member from sessions for up to six months.
(Art. 13 Parliament Law (2002, amended 2016))

Monitoring and Oversight

Depository body explicitly identified

Yes. Declarations are made in writing to the office of the institution they are part of.
(Art. 11 Parliament Law (2002, amended 2016))

Enforcement body explicitly identified

Yes. The President decides whether a disciplinary measure is appropriate, the parliamentary office decides upon sanctions in the case of serious offenses.
(Art. 13 Parliament Law (2002, amended 2016))

Some agency assigned responsibility for verifying submission

No. Absent from legal framework.

Some agency assigned responsibility for verifying accuracy

No. Absent from legal framework.

Public access to declarations

Public availability

No. Absent from legal framework.

Timing of information release specified

No. Absent from legal framework.

Cost of access specified

No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure

No. Absent from legal framework.

Income and Assets

Real estate

No. Absent from legal framework.

Movable assets

No. Absent from legal framework.

Cash

No. Absent from legal framework.

Loans and Debts

No. Absent from legal framework.

Income from outside employment/assets

No. Absent from legal framework.

Incompatibilities

Gifts received as a public official

No. Absent from legal framework.

Private firm ownership and/or stock holdings

No. Absent from legal framework.

Ownership of state-owned enterprises (SOEs)

No. Absent from legal framework.

Holding government contracts

No. Absent from legal framework.

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

No. Absent from legal framework.

Simultaneously holding policy-making position and policy-executing position

No. Absent from legal framework.

Participating in official decision-making processes that affect private interests

Legislation

Conflict of Interest

According to Switzerland’s Law on Government and the Civil Service (1997, last amended 2016), Ministers may not have any additional employment or hold a directing or executing position in any company. For Members of Parliament, the Parliament Law (2001, last amended 2016) specifies that being part of a private entity that carries out state functions is not allowed. This would include owning state-owned enterprises or holding government contracts. When speaking in parliament, both Ministers and MPs may be temporarily excluded based on a conflict of interests in a matter. The Law on Civil Servants (1927, last amended 2001) prevents Civil Servants from receiving gifts, practicing a trade or running a company. All secondary employment of Civil Servants must be approved by the Bundestag.

No monitoring body, enforcement body, or sanctions are specified for ensuring Ministers’ conflicts of interest law. Members of Parliament face administrative sanctions ranging from a temporary loss of speaking rights up to an expulsion for up to six months. All the while, violations by Civil Servants can lead to fines as well as administrative sanctions, reaching as far as to the loss of office. While the President is responsible for enforcing the law with MPs, the corresponding agency supervises Civil Servants.

Monitoring and Oversight

Ministers

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

No. Absent from legal framework.

Private firm ownership and/or stock holdings

Yes. Members of the government may not have additional employment and not have a directing or executing position in a company
(Art. 60 Law on Government and the Civil Service (1997, last amended 2015))

Ownership of state-owned enterprises (SOEs)

Yes. Members of the government may not have additional employment and not have a directing or executing position in a company
(Art. 60 Law on Government and the Civil Service (1997, last amended 2015))

Holding government contracts

Yes. Members of the government may not have additional employment.
(Art. 60 Law on Government and the Civil Service (1997, last amended 2015))

Board member, advisor, or company officer of private firm

Yes. Members of the government may not have additional employment and not have a directing, executing or advisory position in a company.
(Art. 60 Law on Government and the Civil Service (1997, last amended 2015))

Post-employment

No. Absent from legal framework.

Simultaneously holding policy-making position and policy-executing position

Yes. Members of the government may not have additional employment.
(Art. 60 Law on Government and the Civil Service (1997, last amended 2015))

Participating in official decision-making processes that affect private interests

Yes. When speaking in parliament, conflicts of interest must be stated before a debate on a matter where they exist. They are temporarily excluded wherever a private interest could influence decision making.
(Art. 11, 11a Parliament Law (2001, last amended 2015))

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. Being part of an organisation or private entty that is not part of the state but that carry out public tasks is not allowed for MPs.
(Art. 14e Parliament Law (2001, last amended 2015))

Holding government contracts

Yes. Who holds a political mandate cannot be in a directing position of a company that holds government contracts, but may run for concessions.
(Art. 2.2 Incompatibility Law (2006, last amended 2010))

Board member, advisor, or company officer of private firm

No. Absent from legal framework.

Post-employment

No. Absent from legal framework.

Simultaneously holding policy-making position and policy-executing position

No. Absent from legal framework.

Participating in official decision-making processes that affect private interests

Yes. Conflicts of interest must be stated before a debate on a matter where they exist. They are temporarily excluded wherever a private interest could influence decision making.
(Art. 11, 11a Parliament Law (2001, last amended 2015)
Art. 11a Incompatibility Law (2006, last amended 2010))

Assisting family or friends in obtaining employment in public sector

No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

No. Absent from legal framework.

Enforcement body specified (sanctions, hearings)

Yes. The President gives warning to parliamentarians who have or are close to violating disciplinary rules. The Presidentmay impose fines for smaller disciplinary mistakes, r the responsible parliamentary agency is able to act in the case of significant violations (they are not specified.)
(Art. 13 Parliament Law (2001, last amended 2015))

Civil servants

Restrictions

General restriction on conflict of interest

No. Absent from legal framework.

Accepting gifts

Yes. Civil servants may not accept gifts or be promised to receive gifts; unlawfully accepted gifts must be passed on to the state.
(Art. 26 Law on Civil Servants (1927, last amended 2001))

Private firm ownership and/or stock holdings

Yes. Practicing a trade or running a company is incompatible with being a civil servant. Secondary employment must always be explicity allowed by the Bundesrat.
(Art. 15 Law on Civil Servants (1927, last amended 2001))

Ownership of state-owned enterprises (SOEs)

Yes. Secondary employment must always be explicity allowed by the Bundesrat.
(Art. 15 Law on Civil Servants (1927, last amended 2001))

Holding government contracts

Yes. Secondary employment must always be explicity allowed by the Bundesrat.
(Art. 15 Law on Civil Servants (1927, last amended 2001))

Board member, advisor, or company officer of private firm

Yes. Practicing a trade or running a company is incompatible with being a civil servant. Secondary employment must always be explicity allowed by the Bundesrat.
(Art. 15 Law on Civil Servants (1927, last amended 2001))

Post-employment

No. Absent from legal framework.

Simultaneously holding policy-making position and policy-executing position

Yes. Civil servants cannot be members of parliament.
(Art. 14a Law on Civil Servants (1927, last amended 2001))

Participating in official decision-making processes that affect private interests

No. Absent from legal framework.

Assisting family or friends in obtaining employment in public sector

Yes. The Bundesrat is responsible for deciding whether incompatibilities based on family relations.
(Art. 7 Law on Civil Servants (1927, last amended 2001))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior

Yes. Breaking disciplinary codes can lead to sanctions, with fines of up to 500 francs.
(Art. 30, 31.2 Law on Civil Servants (1927, last amended 2001))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking)

No. Absent from legal framework.

Enforcement body specified (sanctions, hearings)

Yes. The Bundesrat, the agency of the corresponding civil servant, and the civil court are responsible for for hearings and imposing adequate sanctions.
(Art. 33 Law on Civil Servants (1927, last amended 2001))

Freedom of Information

Switzerland’s freedom of information regime is established by the Federal Act on Freedom of Information in the Administration (2004, amended 2014). The Act applies to the Federal Administration, public and private bodies outside the Federal Administration that enact legislation or issue first instance rulings. The judicial branch is not specifically mentioned, but the administrative service is included.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Criminal Code (1937), and the Federal Act on Data Protection (1992, amended 2014). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals are filed with the Federal Data Protection and Information Commissioner and with the courts. Public bodies do not accept appeals.

There are no sanctions specified in the law for violations of FOI provisions. The Federal Commissioner on Data Protection and Information Freedom is responsible for advising administrative authorities and federal departments on the implementation of the FOI law, mediating in the event of a disagreement, and commenting on draft legal texts that have an impact on the principle of transparency.

Scope and Coverage

Scope of disclosure

Existence of legal right to access

No. Absent from legal framework

"Information" or "Documents" is defined

Yes. An official document is any information:
a. which has been recorded, regardless of the medium;
b. retained by the authority which issued the same or to which it has been
communicated; and
c. which concerns the execution of a public function.
(Article 5, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Proactive disclosure is specified

Yes. Public bodies should publish online information about their functions and important matters for which they are responsible, make available further information, as appropriate, which may facilitate the identification of official documents, insofar as doing so does not give rise to excessive costs and publish important official documents on the Internet as soon as possible, where this does not give rise to excessive costs; and where this does not conflict with any statutory provisions.
(Article 18 and Article 19 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Coverage of public and private sectors

Executive branch

Yes. The Act applies to the Federal Administration, public and private bodies outside the Federal Administration that enact legislation or issue first instance rulings. It does not however apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority.
(Article 2, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Legislative branch

Yes. The Act specifically covers Parliamentary Services; there is no mention elsewhere of any bodies of Parliament being excluded.
(Article 21(c) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Judicial branch

Yes. The Act covers the Federal Administration and public and private bodies outside the Federal Administration, insofar as they issue first instance rulings within the meaning of the Administrative Procedure. The judicial branch is not specifically mentioned otherwise but the administrative service is included. Judicial proceedings are not covered.
(Article 21(b) and Article 31a.(2) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Other public bodies

Yes. The Act covers public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of the Administrative Procedure.
(Article 21(b) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Private sector

Yes. The Act covers public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of the Administrative Procedure.
(Article 21(b) Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Yes. There is no explicit mention of draft legislation. However, the publication of draft laws is an administrative task and therefore covered by the law.
(Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Enacted legal instruments

Yes. There is no explicit mention of enacted legal instruments. However, the publication of enacted legal instruments is an administrative task and therefore covered by the law. In practice, all enacted legal instruments (laws and statutory instruments) are published in three official publications and are also available online via the government website.
(Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Annual budgets

Yes. There is no explicit mention of annual budgets. However the preparation of an annual budget is an administrative task and information about it is therefore covered by the law.
(Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Annual chart of accounts (actual expenditures)

Yes. There is no explicit mention of annual accounts. However the preparation of annual accounts is an administrative task and information about it is therefore covered by the law.
(Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Annual reports of public entities and programs

Yes. There is no explicit mention of annual reports and programmes. However the preparation of an annual report is an administrative task and information about it is therefore covered by the law.
(Article 21 and Article 5 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

No. The law does not specify through what medium a request should be made. The application must simply be formulated in a sufficiently accurate manner
(Articles 101 and 103 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.)

Yes. The authority must provide information to the applicant about the official documents available and must assist him/her through the procedure, particularly if the applicant is disabled.
(Article 31 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Yes. Costs are specified by law. Minimal processing costs (ie where the cost of collection is higher than the fee) shall not be charged whilst an applicant must be notified if the costs will go over SFR100 and given the opportunity to confirm the application.
(Article 17 Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014
Article 16 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Deadlines for release of information

20-day response deadline

Yes. The authority shall make a decision as soon as possible and in any case no later than 20 days after receipt of the application.
(Article 121, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Agency granted right to extend response time

Yes. The deadline can be extended by 20 days, if the application concerns a large number of documents or documents which are complex to obtain. If the information requested contains personal data, the deadline can be extended as necessary.
(Article 122, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Maximum total response time of no more than 40 days

Yes. The deadline can only be extended by 20 days unless the information requested contains personal data, in which case the deadline can be extended as necessary.
(Article 122, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law

No. A state secret is defined by the Criminal Code
(Article 267 Criminal Code, 1937)

Yes. An appeal must be lodged to the Federal Data Protection and Information Commissioner within 20 days of the receipt of the decision, via a process called "mediation".
(Article 132, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Judicial appeals mechanism

Yes. The appeals procedure is subject to the general provisions found in the relevant legislation governing the federal administration of justice and shall also have access to official documents which are secret.
(Article 161, Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements

No. Absent from legal framework

Fines are specified for violations of disclosure requirements

No. Absent from legal framework

Criminal sanctions are specified for violations of disclosure requirements

No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies

Yes. Each department must designate at least one officer to be in charge of access to information requests.
(Article 20 Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Public body that is responsible for applying sanctions

No. Absent from legal framework

Public body that is responsible for public outreach (raising public awareness)

No. The Federal Commissioner on Data Protection and Information Freedom is responsible for advising on access to information issues within the administration and to individuals but not promoting it.
(Article 18(b) and (c), Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman.

Yes. The Federal Commissioner on Data Protection and Information Freedom is responsible for: advising private citizens on how to gain access to official documents, advising the administrative authorities and federal departments on the implementation of the Transparency Act, mediating in the event of a disagreement, commenting draft legal texts that have an impact on the principle of transparency.
(Article 18(b) and (c), Federal Act on Freedom of Information in the Administration (FoIA), 2004, amended 2014)

Ombudsman involvement in implementation is specified by law

No. Absent from legal framework

Reporting of data and/or implementation is required

Yes. Each authority shall inform the Commissioner, on an annual basis, of: a. the number of applications for access filed during the reporting year; b. the number of such applications granted, refused or partly refused; c. the total amount of fees charged for access to public documents sought under the Freedom of Information Act.
(Article 21, Ordinance on Freedom of Information in the Administration (FoIO), 2006, amended 2014)

Public Procurement

The Swiss public procurement system is regulated by the Federal Act of Public Procurement (1994), the Federal Ordinance of Public Procurement (1995) and the Intercantonal Agreement on Public Procurement (1994). The public procurement body is the Commission (Kommission) is an organization under the Ministry for Finance.

The lowest minimum thresholds for conducting a public procurement tender are:

▪ CHF 230,000 (ca. EUR 200,000) for goods

▪ CHF 8,700,000(ca. EUR 7,400,000) for works

▪ CHF 230,000 (ca. EUR 200,000) for services

The minimum number of bidders is 3 for restricted and negotiated procedures. The minimum submission period is 40 days for open procedures, 25 days for restricted procedures and 25 for negotiated procedures from dispatch date.

There is no preferential treatment towards SMEs or domestic companies and consideration of sustainability issues is allowed during the awarding process. However, there are several options for bid exclusion: outstanding tax and social security liabilities, failing to meet eligibility criteria, providing false information, arrangements undermining competition, bankruptcy. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee and provisions on the independence of the contracting authority.

There is no arbitration procedure, as the cases go to the Administrative Court. Court decisions are released publicly.

What are the minimum application thresholds for the procurement type? (Entity: DEFENCE)

CHF 230000. This law does not apply to, inter alia, the procurement of weapons, munitions or war materials and the construction of fighting and command infrastructure for overall defence and the army. The defence website states however that it follows the procurement law, hence the threshold from that law is given.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 31(e))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS)

Yes. A procuring entity shall retain all documents in connection with procurement procedures for at least three years from final conclusion of the tender unless otherwise mandated by law.
(Verordnung über die Organisation des öffentlichen Beschaffungswesens (Org-VöB), 2012, amended 2015 Art. 35)

Are contracts awarded within a framework agreement published (ie mini contracts)?

No.
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Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases?

No.
( )

If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column.

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Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender?

Is there a preferential treatment for small-to-medium enterprises (SMEs)?

No.
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Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies)

No. Countries from states which are signatories to the GATT agreement shall be treated the same as Swiss companies. Other foreign companies shall be treated the same as long as there is a reciprocity agreement for Swiss companies
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 4, Art. 8)

Yes. The role of the pricing committee is to assess the applications and makes a recommendation to the contracting body. The contracting body is required to accept this recommendation except in exceptional circumstances (which are not specified) and if it pays compensation to the bidders and launches a new tender.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 53, Art. 552)

Are there regulations on evaluation committee composition to prevent conflict of interest?

Yes. The members of the committee and the associated experts must be independent from the bidders. At least half must also be independent of the Contracting Authority.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 504)

Is some part of evaluation committee mandatorily independent of contracting authority?

Yes. The members of the committee and the associated experts must be independent from the bidders. At least half must also be independent of the Contracting Authority.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 504)

Are scoring results publicly available?

No. The law states that the decision must be publicised but doesn't mention any detail that must be included.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 57)

Does the law specify under which conditions the tender can be cancelled?

No.
(N/A)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders?

Yes. Federal Gazette, and online platform simap.ch. Works tenders and related services and supplies must be published in the official language of the location of the contract. All other tenders must be in at least 2 official languages.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24
)

Does the law specify the location for publicizing restricted calls for tenders?

Yes. Federal Gazette, and online platform simap.ch. Works tenders and related services and supplies must be published in the official language of the location of the contract. All other tenders must be in at least 2 official languages.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24
)

Does the law specify the location for publicizing negotiated calls for tenders?

Yes. Federal Gazette, and online platform simap.ch. Works tenders and related services and supplies must be published in the official language of the location of the contract. All other tenders must be in at least 2 official languages.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 24
)

What is the minimum number of bidders for competitive dialogue procedures?

1. Such a procedure does not exist.
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Bidding period length

What are the minimum number of days for open procedures?

40. This can be reduced to 24 if there is a prior announcement or to 10 if the tender is urgent.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 193(a), Art 19a1)

What are the minimum number of days for restricted procedures?

25. For the application to participate, 25 days from date of publication; for the tender submission, 40 days from the date of invitation.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 193(b))

What are the minimum number of days for competitive negotiated procedures?

25. For the application to participate, 25 days from date of publication; for the tender submission, 40 days from the date of invitation.
(Verordnung über das öffentliche Beschaffungswesen (VöB), 1995, amended 2015, Art. 193(b))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations?

Yes. The law does not apply to contracts for: institutions for disabled persons, charities and penal institutions; agricultural or food aid programmes; on the basis of an international treaty between GATT contracting states or Switzerland on the basis of a particular procedure of an international organisation;
the procurement of weapons, munitions or war materials and the construction of fighting and command infrastructure for overall defence and the army.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 3
)

Does the law specify the main types of institutions that must apply the public procurement law?

Yes. The law applies to: the general administration of the Swiss Confederation; the Swiss Alcohol Board; the Swiss Federal Institutes of Technology and their research institutions; the postal and automobile services of the Swiss Post, he Swiss Federal Nuclear Safety Inspectorate, the Swiss National Museum, the Swiss Federal Institute of Metrology. The law explicitly includes utlities companies.
(Bundesgesetz über das öffentliche Beschaffungswesen (BöB), 1994, amended 2015, Art. 2
)

Does the law specify the main procedure types or procurement methods permitted?

Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)?

No.
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Is disclosure of final, beneficial owners required for placing a bid?

No.
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Complaints

Is there a fee for arbitration procedure?

No.
( )

Is there a ban on contract signature until arbitration court decision (first instance court)?

No.
( )

What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts?

( )

Is there a requirement to publicly release arbitration court decisions ?